House Substitute for SB231 by Committee on Elections - Changing the timing of city, school, community college and certain other municipality elections to fall in even-numbered years and requiring the term of office of municipal elected officials to be either two years or four years.

Session of 2026
House Substitute for SENATE BILL No. 231
By Committee on Elections
3-11
AN ACT concerning elections; changing the timing of municipality
elections for cities, school districts, community colleges and certain
other municipalities to fall in even-numbered years; requiring terms of
office to be either two years or four years; amending K.S.A. 2-623, 2-
624, 13-1221, 13-1702, 19-2760, 19-3505, 24-412, 24-459, 24-504, 24-
506, 25-205, 25-210, 25-610, 25-611, 25-613, 25-2010, 25-2017a, 25-
2102, 25-2107, 25-2108a, 25-21a03, 42-706, 71-1408, 71-1413, 71-
1422 and 80-2508 and K.S.A. 2025 Supp. 25-213, 25-303, 25-1115, 25-
2006, 25-2018, 25-2311, 25-2502 and 25-3009 and repealing the
existing sections; also repealing K.S.A. 25-21a01.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) On and after January 1, 2028, all primary
elections for members of the governing body and other elected officials of
any municipality shall be held on the first Tuesday in August of 2028 and
on such date thereafter of even-numbered years, and all general elections
for members of the governing body and other elected officials of any
municipality shall be held on the Tuesday succeeding the first Monday in
November of 2028 and on such date thereafter of even-numbered years.
(b) The term of elected members of governing bodies and other
elected officials of any municipality that would expire at any time in 2027
shall expire on the second Monday in January of 2029, when newly
elected members of the governing body and other newly elected officials
shall take office.
(c) The governing body of the municipality shall establish by
ordinance or resolution terms of office of elected officials to comply with
this act. Terms of office shall be either two years or four years as
established by statute or by action of the municipality. Any member of a
governing body or other elected official: Elected in 2025 for a four-year
term shall serve a three-year term; elected in 2027 for a two-year term
shall serve a three-year term; elected in 2027 for a three-year term shall
serve a two-year term; and elected in 2027 for a four-year term shall serve
a three-year term.
(d) Primary elections for any municipality shall be conducted as
provided in K.S.A. 25-202, and amendments thereto. A primary election
shall only be required as provided in K.S.A. 25-2021 and 25-2108a, and
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amendments thereto, or as otherwise required by law.
(e) The filing deadline for all candidates for any municipality, unless
otherwise provided by law, shall be as provided in K.S.A. 25-205, and
amendments thereto.
(f) Any person who meets the qualifications for the office sought may
become a candidate for municipal office by filing a declaration of intent to
become a candidate with the county election officer accompanied by a
filing fee of $20.
(g) "Municipality" means: (1) Any city, consolidated city-county
created under K.S.A. 12-340 et seq., and 12-360 et seq., and amendments
thereto, school district, any board of public utilities created under K.S.A.
13-1220 et seq., and amendments thereto, community college, drainage
district, extension district created under K.S.A. 2-623 et seq., and
amendments thereto, irrigation district, improvement district created under
K.S.A. 19-2753 et seq., and amendments thereto, water district created
under K.S.A. 19-3501 et seq., and amendments thereto, and hospital
district created under K.S.A. 80-2501 et seq., and amendments thereto.
(2) "Municipality" does not include any special district where the
election of members of the governing body is conducted at a meeting of
the special district.
(h) Cities and hospital districts shall provide for all elections of
elected officials in even-numbered years. The staggering of terms of office
shall be by establishing a term of office of either two years or four years
by city ordinance or hospital district resolution.
Sec. 2. K.S.A. 2-623 is hereby amended to read as follows: 2-623. (a)
Prior to July 1 of any year, any two or more county extension councils may
establish an extension district composed of all of the counties of such
councils by entering into an agreement in accordance with this section to
combine the extension programs for each county involved into one
extension program serving the extension district. No such agreement shall
be effective unless such agreement has received the prior approval of: (1)
The board of county commissioners of each county included in the
proposed extension district, subject to the provisions of subsection (i); (2)
the executive board of the extension council of each county included in the
proposed extension district and the director of extension of Kansas state
university of agriculture and applied science, or the director's authorized
representative, acting together as a body; and (3) the attorney general in
accordance with subsection (h).
(b) Prior to July 1 of any year, one or more county extension councils
and the governing body of any existing extension district may establish a
new extension district by entering into an agreement in accordance with
this section to combine the extension programs for each such county and
such district into one extension program serving a new extension district
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composed of all counties represented by such county extension councils
and the area served by the existing extension district. No such agreement
shall be effective unless such agreement has received the prior approval of:
(1) The board of county commissioners of each county being added to the
existing extension district, subject to the provisions of subsection (i); (2)
the executive board of the county extension council of each county being
added to the existing extension district, the governing body of the existing
extension district and the director of extension of Kansas state university
of agriculture and applied science, or the director's authorized
representative, acting together as a body; and (3) the attorney general in
accordance with subsection (h).
(c) On July 1 , after the approval under subsection (a) or (b) of an
agreement to establish an extension district, such extension district is
hereby established and shall constitute a body corporate and politic
possessing the usual powers of a corporation for public purposes under the
name of "extension district no. _________ (the number designated by the
director of extension), ________ counties (naming the counties included
within the district), state of Kansas." Each extension district is a taxing
subdivision and has the power to contract, sue and be sued and to acquire,
hold and convey real and personal property in accordance with law.
(d) Upon the establishment of an extension district under subsection
(a) or (b), all of the personnel and property of each of the extension
programs which that are combined into the new district extension
programs shall be transferred to the new extension district and shall be
subject to the authority of the governing body of the extension district in
accordance with the agreement to establish the extension district.
(e) Upon the establishment of an extension district under subsection
(a), the board of county commissioners of each county joining in the
establishing of an extension district shall appoint four qualified electors to
membership on the governing body of the district. The terms of all
members so appointed shall commence on July 1 following their
appointment. Of the members so appointed , two members shall serve for
terms ending upon the election and qualification of their such members'
successors at an election held on the Tuesday following the first Monday
in November of the first odd-numbered even-numbered year following
their such members' appointment and two members shall serve for terms
ending upon the election and qualification of their such members'
successors at an election held on the Tuesday succeeding the first Monday
in November of the second odd-numbered even-numbered year following
their such members' appointment.
(f) In the case of one or more counties being included in an existing
extension district under subsection (b), the board of county commissioners
of each county being included in an existing extension district shall
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appoint four qualified electors of the county to membership on the
governing body of the expanded district. The terms of all members so
appointed shall commence on July 1 following their such members'
appointment. Of the members so appointed , two members shall serve for
terms ending upon the election and qualification of their such members'
successors at an election held on the Tuesday following the first Monday
in November of the first odd-numbered even-numbered year following
their such members' appointment and two members shall serve for terms
ending upon the election and qualification of their such members'
successors at an election held on the Tuesday following the first Monday
in November of the second odd-numbered even-numbered year following
their such members' appointment. The offices of the members of the
governing body of the existing extension district shall continue in
existence, and the persons in such offices shall be members of the
governing body of the expanded extension district , which is established on
July 1, for the remainder of their such members' existing terms of office.
(g) In addition to other required provisions, each agreement entered
into under this section shall specify the permissible method or methods to
be employed in disposing of the assets and liabilities of the extension
district in the event that one or more counties withdraw from the extension
district under K.S.A. 2-628, and amendments thereto.
(h) Each agreement entered into under this section or under K.S.A. 2-
628, and amendments thereto, prior to and as a condition precedent to its
such agreement's entry into force, shall be submitted to the attorney
general, who shall determine whether the agreement is in proper form and
compatible with this act and the other laws of Kansas. The attorney
general shall approve any agreement submitted for approval under this
section or K.S.A. 2-628, and amendments thereto, unless the attorney
general finds that the submitted agreement does not meet the requirements
of this act. In such case, the attorney general shall specify in writing to the
proposed parties to the agreement and to each other entity required to
approve the agreement, the specific respects in which the proposed
agreement fails to meet the requirements of law. Failure by the attorney
general to disapprove an agreement submitted pursuant to this subsection
within 90 days of its such agreement's submission shall constitute approval
of the agreement by the attorney general.
(i) Prior to approving an agreement under this section, the board of
county commissioners of each county to be included in a proposed
extension district under subsection (a) or to be added to an existing
extension district under subsection (b) , as the case may be, shall adopt a
resolution stating the intention of the board of county commissioners to
approve such agreement and specifying the counties that are to be included
in the extension district. Such resolution shall be published once each
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week for two consecutive weeks in the official county newspaper. If,
within 60 days following the last publication of the resolution, a petition in
opposition to the approval of the agreement and the inclusion of the county
in the extension district is signed by not less than 5% of the qualified
electors of the county and is filed with the county election officer, such
board of county commissioners shall not approve such agreement and the
county shall not be included in the extension district unless and until the
same question of inclusion is approved by a majority of the qualified
electors of the county voting thereon at a primary election or general
election or at a special election called and held for such purpose. Any such
special election shall be called, noticed and held in accordance with the
provisions of K.S.A. 10-120, and amendments thereto.
Sec. 3. K.S.A. 2-624 is hereby amended to read as follows: 2-624. (a)
The governing body of each extension district shall be composed of four
representatives from each county included in the extension district. At the
conclusion of the terms of the members first appointed to membership on
the governing body of the district, the four members representing each
county in an extension district shall be elected in a county-wide
countywide election by the qualified electors of the county.
(b) At the conclusion of the terms of the members first appointed to
membership on the governing body of the district, each member of the
governing body shall hold office for a term of four years and until such
member's successor is elected and qualified. Each such term of office shall
commence on the date of receipt of certification of election by the member
elected and shall continue until the member's successor is elected and
qualified.
(c) (1) The election to elect successors to members of the governing
body whose terms are expiring shall be held on the Tuesday following the
first Monday in November of each odd-numbered even-numbered year.
(2) Elections to choose members of the governing body of an
extension district shall be conducted, the returns made and the results
ascertained, in the manner provided by law for general county elections
except as otherwise provided by this act. Any person desiring to be a
candidate for election to the governing body shall file a candidate's
declaration of intention with the county election officer of the county
represented by the member of the governing body whose successor is to be
elected. Such candidate's filing shall be made in the manner as provided in
K.S.A. 25-21a03, and amendments thereto, and K.S.A. 25-205, and
amendments thereto.
(3) Notice of the time and place of holding each election , shall be
published by the county election officer in a newspaper published in the
county in accordance with K.S.A. 25-105 and 25-209, and amendments
thereto.
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(4) All direct election expenses shall be paid by the extension district.
(d) Any vacancy in the membership of the governing body of an
extension district shall be filled by appointment by the governing body for
the unexpired term of office. Each member so appointed shall be a resident
of the county which that was represented by the member creating the
vacancy.
(e) The governing body of each extension district shall organize
annually in January by electing from among its such governing body's
members a chairperson, vice-chairperson vice chairperson , secretary and
treasurer.
Sec. 4. K.S.A. 13-1221 is hereby amended to read as follows: 13-
1221. (a) The board of public utilities shall consist of six members, three
of which shall be nominated and elected by the city at large and three of
which shall be elected by the qualified electors of the city within each of
the districts established pursuant to subsection (b). Members of the board
shall be elected on a nonpartisan basis. Members elected to the board of
public utilities after the effective date of this act shall hold their offices
office for terms of four years , and until their such members' successors are
elected and qualified. Each of the members elected from districts shall be
qualified voters of the districts from which elected. Elections of members
of the board shall be held at the general election in odd-numbered even-
numbered years.
(b) The board shall elect from its such board's own number a
president and vice-president vice president and shall appoint a secretary.
Any vacancy occurring in the board shall be filled by a majority vote of
the members remaining on the board. Where If a vacancy has occurred in
the membership of any board of public utilities, a member selected to fill
such vacancy shall serve until the next November in odd-numbered even-
numbered years election, at which time , a successor shall be elected to
serve the remainder of the unexpired term, if any.
Sec. 5. K.S.A. 13-1702 is hereby amended to read as follows: 13-
1702. Whenever any city of the second class having the commission form
of government shall hereafter become a city of the first class, such change
of classification of the city shall take effect with the April November city
election at the next odd-numbered even-numbered year and officers
provided for in K.S.A. 13-1708 , and amendments thereto, shall be elected
and the terms of elective officers of the commission city of the second
class shall expire.
Sec. 6. K.S.A. 19-2760 is hereby amended to read as follows: 19-
2760. (a) An election shall be held in each improvement district on the
Tuesday following the first Monday in November and of each odd-
numbered even-numbered year thereafter for the purpose of electing three
directors of such district, except that the first election following the
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establishment of such district shall be held at a time fixed by the board of
county commissioners of the county in which the district is located.
(b) The directors of an improvement district shall serve for terms of
two years.
(c) Each director shall:
(1) own land within the improvement district; or
(2) reside in the improvement district.
Sec. 7. K.S.A. 19-3505 is hereby amended to read as follows: 19-
3505. (a) Except as otherwise provided by this section, the governing body
of any water district to which this section applies shall be a five-member
board holding positions numbered one to through five , inclusive . Each
member shall be elected and shall hold office from the second Monday in
January succeeding such member's election until four years thereafter and
until a successor is elected and has qualified.
The first election of members of the governing body of any water
district created after the effective date of this act shall be held on the first
Tuesday in August November of any even-numbered year, at which time ,
members shall be elected for terms beginning on September January 1 of
the same following year, and ending on April 30 of the third year following
the beginning of such term, to positions numbered three, four and five. At
such first election, members shall be elected for terms ending on April 30
of the first year following the beginning of such terms, to positions
numbered one and two. Members first elected to positions one and two
shall have terms of approximately eight months. Elections shall be held on
the Tuesday following the first Monday in November of each odd-
numbered year for the member positions whose terms expire in that year.
(b) From and after April 30, 1991, the governing body of the water
district located in Johnson county shall be composed of seven members.
At the election held in 1991, positions numbered 1, 2, 6 and 7 shall be
elected to four-year terms. At the election in 1993, positions numbered 3, 4
and 5 shall be elected to four-year terms.
(c) Elections from and after January 1, 2028, shall be held on the
Tuesday following the first Monday in November of each odd-numbered
even-numbered year for the positions which that terms expire in that year.
Members shall hold office from the second Monday in January following
such member's election until four years thereafter and until a successor is
elected and qualified. All elections shall be nonpartisan and shall be called
and conducted by the county election officer. Laws applying to other local
elections occurring at the same time and in the same locality shall apply to
elections under this act to the extent that the same such laws can be made
to apply. Notice of the time and place of holding each election shall be
published by the county election officer in a newspaper published in the
county in accordance with procedures established in K.S.A. 25-105 and
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25-209, and amendments thereto.
(d) In January, following each election, the board shall organize and
not later than the second regular meeting following each election shall
select from among its such board's members a chairperson and a vice-
chairperson. vice chairperson The vice-chairperson vice chairperson shall
preside over any meetings at which the chairperson is not present.
Vacancies occurring during a term shall be filled for the unexpired term by
appointment by the remaining members. All members shall take an oath of
office as prescribed for other public officials. The members of the board
shall be qualified electors in the water district. Prior to accepting office,
the water district shall obtain for each member-elect a corporate surety
bond to the state of Kansas in the amount of $10,000, conditioned upon the
faithful performance of the member's duties and for the true and faithful
accounting of all money that may come into the member's hands by virtue
of the office. Such bonds shall be filed in the office of the county clerk for
the county in which the major portion of such water district is located after
approval by the board of county commissioners of such county.
(e) Each member of the board shall receive a monthly salary in an
amount determined by the board and shall be reimbursed for all necessary
and reasonable expenses incurred in performing official assigned duties.
Sec. 8. K.S.A. 24-412 is hereby amended to read as follows: 24-412.
(a) An election to choose three directors in each district shall be held on
the Tuesday following the first Monday in November of 2017 2028, and an
election shall be held each four years thereafter, on the Tuesday following
the first Monday in November, to choose directors. Any director elected in
any district in 2015 2027 shall hold such office until such successor is
elected and qualified.
(b) On and after January 1, 2012, The board of directors of drainage
district No. 2 of Finney county, Kansas, shall be elected as provided in
K.S.A. 24-139a, and amendments thereto.
Sec. 9. K.S.A. 24-459 is hereby amended to read as follows: 24-459.
(a) The board of directors of any drainage district incorporated pursuant to
K.S.A. 24-458, and amendments thereto, shall consist of three qualified
persons as defined in subsection (e)(3).
(b) The directors for the first term after the incorporation of the
drainage district shall be selected and designated in the petition for the
incorporation of the district and shall be declared directors by the county
commissioners to which the petition is presented.
(c) The directors shall hold office until the second Monday in January
of the next even-numbered odd-numbered year after the incorporation of
the district, at which time and every four years thereafter, directors shall be
elected at the November odd-year even-numbered year elections and shall
hold their office for the term of four years and until their successors are
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elected and qualified.
(d) Every qualified person of the district shall be entitled to vote at
the election or at any election which that may be held in the district.
(e) For the purposes of this section:
(1) "Owner" or "person who owns land" means any person or entity
who is the record owner of the fee in any real estate in the district or the
fee in the surface rights of any real estate in the district, but the owners of
an oil and gas lease, mineral rights or interest, easements or mortgages as
such shall not be considered owners, and school districts, cemetery
associations, and municipal corporations shall not be considered owners.
(2) "Taxpayer" means any owner who has paid all taxes currently due
on such real estate.
(3) "Qualified person" means any taxpayer 18 years of age or older,
whether a resident of the district or not. A taxpayer who is a qualified
person and who is not an individual may designate an individual to cast its
such taxpayer's vote or to serve as a director of the district.
(f) The county clerk shall determine the qualified persons entitled to
vote at any election in the district. Any entity desiring to vote at an election
shall register the name of its such entity's designated representative with
the county election officer no not later than 21 days in advance of any such
election.
Sec. 10. K.S.A. 24-504 is hereby amended to read as follows: 24-504.
Whenever a majority of the counties to be included within the proposed
drainage district have reported in favor of the organization of the drainage
district, under the provisions of this act, the secretary of state shall report
the fact to the governor of Kansas, who shall declare, by suitable
proclamation, the territory described in the petition and set forth in the
reports of the commissioners to constitute a public corporation, and the
freeholders owning lands within the bounds, and resident within the state
of Kansas, to be incorporated as a drainage district under the name
designated in the petition, and the territory and the freeholders thereof,
who are residents of the state of Kansas, and their successors, shall
constitute a body politic and corporate under the corporate name and shall
give perpetual succession.
In the proclamation, the governor shall designate the Tuesday following
the first Monday in November of the odd-numbered even-numbered year
following the issuing of the proclamation on which an election shall be
held in each of the counties to be included within the proposed drainage
district for the purpose of electing directors of the corporation, in number
and in the manner hereinafter provided. The secretary of state shall make
and keep full and complete records of the organization of all drainage
districts organized under the provisions of this act, showing the findings
and decisions of the boards of county commissioners and all of the acts of
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the governor in connection with the organization thereof, a true and correct
copy of which he the secretary of state shall forward to the boards of
county commissioners within five days after the issuing of the governor's
proclamation provided for in this section, and they shall spread the same
upon their the drainage district shall maintain such records.
Sec. 11. K.S.A. 24-506 is hereby amended to read as follows: 24-506.
(a) The board of directors of any drainage district incorporated pursuant to
K.S.A. 24-501 et seq., and amendments thereto, shall consist of one person
from each county in the district if the number of counties is odd, but if the
number of counties is even, then there shall be an additional director at
large. If the drainage district is located wholly within one county, the
number of directors shall be three. Except as provided in subsection (b),
the directors shall be freeholders who shall be residents of Kansas , whose
lands in whole or in part are located within the district. The directors shall
hold their offices office for a term of four years and until their such
directors' successors are elected and qualified. Elections to choose
directors, except the first, shall be held on the Tuesday following the first
Monday in November of the next odd-numbered even-numbered year and
every four years thereafter.
(b) If there are no residents in the drainage district, any owner of land
within the district shall be a qualified voter and shall be qualified to hold
the office of director.
Sec. 12. K.S.A. 25-205 is hereby amended to read as follows: 25-205.
(a) Except as otherwise provided in this section, the names of candidates
for national, state, county and township offices shall be printed upon the
official primary ballot when each shall have qualified to become a
candidate by one of the following methods and none other:
(1) TheySuch candidate shall have had filed in their behalf, not later
than 12 noon, 12:00 p.m. on June 1, prior to such primary election, or if
such date falls on Saturday, Sunday or a holiday, then before 12 noon
12:00 p.m. of the next following day that is not a Saturday, Sunday or a
holiday, nomination petitions, as provided for in this act; or
(2) theysuch candidate shall have filed not later than the time for
filing nomination petitions, as above provided, with the proper officer a
declaration of intention to become a candidate, accompanied by the fee
required by law. Such declaration shall be prescribed by the secretary of
state.
(b) Nomination petitions shall be in substantially the following form:
I, the undersigned, an elector of the county of ______________, and
state of Kansas, and a duly registered voter, and a member of
______________ party, hereby nominate ______________, who resides in
the township of ______________ (or at number ________ on
______________ street, city of ______________), in the county of
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______________ and state of Kansas, as a candidate for the office of (here
specify the office) ______________, to be voted for at the primary
election to be held on the first Tuesday in August in ______________, as
representing the principles of such party; and I further declare that I intend
to support the candidate herein named and that I have not signed and will
not sign any nomination petition for any other person, for such office at
such primary election.
(HEADING)
Name of Street Number Name of Date of
Signers. or Rural Route City. Signing.
(as registered).
All nomination petitions shall have substantially the foregoing form,
written or printed at the top thereof. No signature shall be counted unless it
is upon a sheet having such written or printed form at the top thereof.
(c) Each signer of a nomination petition shall sign but one such
petition for the same office, and shall declare that such person intends to
support the candidate therein named, and shall add to such person's
signature and residence, if in a city, by street and number ( , if any ); or,
otherwise by post-office address. No signature shall be counted unless the
place of residence of the signer is clearly indicated and the date of signing
given as herein required , and if ditto marks are used to indicate address
they, such marks shall be continuous and clearly made. Such sheets shall
not be cut or pasted together.
(d) All signers of each separate nomination petition shall reside in the
same county and election district of the office sought. The affidavit
described in this paragraph of a petition circulator as defined in K.S.A. 25-
3608, and amendments thereto, or of the candidate shall be appended to
each petition and shall contain, at the end of each set of documents carried
by each circulator, a verification, signed by the circulator or the candidate,
to the effect that such circulator or the candidate personally witnessed the
signing of the petition by each person whose name appears thereon.
(e) Except as otherwise provided in subsection (g), nomination
petitions shall be signed:
(1) If for a state officer elected on a statewide basis or for the office
of United States senator, by voters equal in number to not less than 1% of
the total of the current voter registration of the party designated in the state
as compiled by the office of the secretary of state;
(2) if for a state or national officer elected on less than a statewide
basis, by voters equal in number to not less than 2% of the total of the
current voter registration of the party designated in such district as
compiled by the office of the secretary of state, except that for the office of
district magistrate judge, by not less than 2% of the total of the current
voter registration of the party designated in the county in which such office
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is to be filled as certified to the secretary of state in accordance with
K.S.A. 25-3302, and amendments thereto;
(3) if for a county office, by voters equal in number to not less than
3% of the total of the current voter registration of the party designated in
such district or county as compiled by the county election officer and
certified to the secretary of state in accordance with K.S.A. 25-3302, and
amendments thereto; and
(4) if for a township office, by voters equal in number to not less than
3% of the total of the current voter registration of the party designated in
such township as compiled by the county election officer and certified to
the secretary of state in accordance with K.S.A. 25-3302, and amendments
thereto.
(f) Subject to the requirements of K.S.A. 25-202, and amendments
thereto, any political organization filing nomination petitions for a
majority of the state or county offices, as provided in this act, shall have a
separate primary election ballot as a political party and, upon receipt of
such nomination petitions, the respective officers shall prepare a separate
state and county ballot for such new party in their respective counties or
districts thereof in the same manner as is provided for existing parties.
(g) In any year in which districts are reapportioned for the offices of
representative in the United States congress, senator and representative in
the legislature of the state of Kansas or member of the state board of
education:
(1) If new boundary lines are defined and districts established in the
manner prescribed by law on or before May 10, nomination petitions for
nomination to such offices shall be signed by voters equal in number to not
less than 1% of the total of the current voter registration of the party
designated in the district as compiled by the office of the secretary of state.
(2) If new boundary lines are defined and districts established in the
manner prescribed by law on or after May 11, nomination petitions for
nomination to the following offices shall be signed by registered voters of
the party designated in the district equal in number to not less than the
following:
(A) For the office of representative in the United States congress
1,000 registered voters;
(B) for the office of member of the state board of education 300
registered voters;
(C) for the office of state senator 75 registered voters; and
(D) for the office of state representative 25 registered voters.
(h) In any year in which districts are reapportioned for the offices of
representative in the United States congress, senator and representative in
the legislature of the state of Kansas or member of the state board of
education:
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(1) If new boundary lines are defined and districts established in the
manner prescribed by law on or before May 10, the deadline for filing
nomination petitions and declarations of intention to become a candidate
for such office, accompanied by the fee required by law, shall be 12 noon
12:00 p.m. on June 1, or if such date falls on a Saturday, Sunday or a
holiday, then before 12 noon 12:00 p.m. of the next following day that is
not a Saturday, Sunday or holiday.
(2) If new boundary lines are defined and districts established in the
manner prescribed by law on or after May 11, the deadline for filing
nomination petitions and declarations of intention to become a candidate
for such office, accompanied by the fee required by law, shall be 12 noon
12:00 p.m. on June 10, or if such date falls on a Saturday, Sunday or
holiday, then before 12 noon 12:00 p.m. of the next day that is not a
Saturday, Sunday or holiday.
(i) Primary elections for candidates for municipal office shall be held
when otherwise required by law. The names of candidates for municipal
offices shall be printed upon the official primary ballot in odd-numbered
even-numbered year elections and in even-numbered years when needed.
Persons shall become qualified to become a candidate by one of the
following methods:
(1) TheySuch candidate shall have filed, not later than 12 noon,
12:00 p.m. on June 1, prior to such primary election, or if such date falls
on Saturday, Sunday or a holiday, then before 12 noon 12:00 p.m. of the
next following day that is not a Saturday, Sunday or a holiday, nomination
petitions, as otherwise provided by law; or
(2) theysuch candidate shall have filed, not later than the time for
filing nomination petitions, as above provided, with the proper officer a
declaration of intention to become a candidate, accompanied by the $20
fee required by law. Such declaration shall be prescribed by the secretary
of state as provided in K.S.A. 25-21a03, and amendments thereto.
Sec. 13. K.S.A. 25-210 is hereby amended to read as follows: 25-210.
(a) The official primary election ballot for national and state offices and
the official primary election ballot for county and township offices of each
political party shall be arranged on the ballot, printed, voted, and
canvassed in the same manner as is now or hereafter provided by law for
the arrangement, printing, voting, and canvassing of official general ballots
for national and state offices and official general ballots for county and
township offices, except as otherwise provided by law.
(b) The official primary election ballot for municipal elections in odd-
numbered even- numbered years shall be arranged and printed by the
county election officer.
Sec. 14. K.S.A. 2025 Supp. 25-213 is hereby amended to read as
follows: 25-213. (a) At all national and state primary elections, the national
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and state offices as specified for each in this section shall be printed upon
the official primary election ballot for national and state offices and the
county and township offices as specified for each in this section shall be
printed upon the official primary election ballot for county and township
offices.
(b) The official primary election ballots shall have the following
heading:
OFFICIAL PRIMARY ELECTION BALLOT
______________ Party
To vote for a person whose name is printed on the ballot make a cross
or check mark in the square at the left of the person's name. To vote for a
person whose name is not printed on the ballot, write the person's name in
the blank space, if any is provided, and make a cross or check mark in the
square to the left.
The words national and state or the words county and township shall
appear on the line preceding the part of the form shown above.
The form shown shall be followed by the names of the persons for
whom nomination petitions or declarations have been filed according to
law for political parties having primary elections, and for the national and
state offices in the following order: United States senator, United States
representative from _____ district, governor and lieutenant governor,
secretary of state, attorney general, state treasurer, commissioner of
insurance, senator _____ district, representative _____ district, district
judge _____ district, district magistrate judge ____ district, district
attorney _____ judicial district, and member state board of education
_____ district. For county and township offices the form shall be followed
by the names of persons for whom nomination petitions or declarations
have been filed according to law for political parties having primary
elections in the following order: Commissioner ____ district, county clerk,
treasurer, register of deeds, county attorney, sheriff, township trustee,
township treasurer, township clerk. When any office is not to be elected, it
shall be omitted from the ballot. Other offices to be elected but not listed
shall be inserted in the proper places. For each office there shall be a
statement of the number to vote for.
To the left of each name there shall be printed a square. Official
primary election ballots may be printed in one or more columns. The
names certified by the secretary of state or county election officer shall be
printed on official primary election ballots and no others. In case there are
no nomination petitions or declarations on file for any particular office, the
title to the office shall be printed on the ballot followed by a blank line
with a square, and such title, followed by a blank line, may be printed in
the list of candidates published in the official paper. No blank line shall be
printed following any office where there are nomination petitions or
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declarations on file for the office except following the offices of precinct
committeeman and precinct committeewoman.
(c) (1) Except as otherwise provided in this section, no person's name
shall be printed more than once on either the official primary election
ballot for national and state offices or the official primary election ballot
for county and township offices. No name that is printed on the official
primary election ballot as a candidate of a political party shall be printed or
written in as a candidate for any office on the official primary election
ballot of any other political party. If a person is a candidate for the
unexpired term for an office, the person's name may be printed on the
same ballot as a candidate for the next regular term for such office. The
name of any candidate on the ballot may be printed on the same ballot as
such candidate and also as a candidate for precinct committeeman or
committeewoman. No name that is printed on the official primary election
ballot for national and state offices shall be printed or written in elsewhere
on the ballot or on the official primary election ballot for county and
township offices except for precinct committeeman or committeewoman.
No name that is printed on the official primary election ballot for county
and township offices shall be printed or written in on the official primary
election ballot for national and state offices or elsewhere on the county and
township ballot except for precinct committeeman or committeewoman.
(2) A person's name may be printed on the official primary ballot
more than once if the person is a candidate for a municipality office unless
otherwise prohibited by law.
(d) No person shall be elected to the office of precinct committeeman
or precinct committeewoman where no nomination petitions or
declarations have been filed, unless the person receives at least five write-
in votes, resides in such precinct, is a qualified elector and is a member of
such party as shown by the party affiliation list maintained in the county
election office. As a result of a primary election, no person shall receive
the nomination and no person's name shall be printed on the official
general election ballot when no nomination petitions or declarations were
filed, unless the person receives votes equal in number to not less than 5%
of the total of the current voter registration designated in the state, county
or district in which the office is sought, as compiled by the office of the
secretary of state, except that a candidate for township office may receive
the nomination and have such person's name printed on the ballot where
no nomination petitions or declarations have been filed if such candidate
receives three or more write-in votes. No such person shall be required to
obtain more than 5,000 votes.
(e) The secretary of state by shall adopt rules and regulations shall
develop establishing ballot styles for the official ballot for municipal
elections in odd-numbered even-numbered year elections.
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(f) A person who won the primary election as a result of the person's
name being written in on the primary ballot shall have such person's name
printed on the official general election ballot for national, state, county,
township or municipal office, unless the person notifies, in writing, the
secretary of state for national or state office or the county election office
for all other offices within 10 days following the canvass of the primary
election that the person does not want such person's name on the official
general election ballot.
Sec. 15. K.S.A. 2025 Supp. 25-303 is hereby amended to read as
follows: 25-303. (a) This section shall not apply to city and school
elections, nor or to election of other officers provided by law to be elected
in odd-numbered even-numbered years.
(b) All nominations other than party nominations shall be
independent nominations. No person who has declared and retains a party
affiliation in accordance with K.S.A. 25-3301, and amendments thereto,
shall be eligible to accept an independent nomination for any office.
(c) Independent nominations of candidates for any office to be filled
by the voters of the state at large may be made by nomination petitions
signed by not less fewer than 5,000 qualified voters for each candidate and
in the case of governor and lieutenant governor for each pair of such
candidates.
(d) Independent nominations of candidates for offices to be filled by
the voters of a county, district or other division less than a state may be
made by nomination petitions signed by voters equal in number to not less
than 4% of the current total of qualified voters of such county, district or
other division as compiled by the office of the secretary of state in the case
of state offices and as compiled in the office of the county election officer
and certified to the secretary of state in accordance with K.S.A. 25-2311,
and amendments thereto, in the case of local offices, and in no case to be
signed by less fewer than 25 nor or more than 5,000 qualified voters of
such county, district or division, for each candidate.
(e) Independent nominations of candidates for offices to be filled by
the voters of a township may be made by nomination papers signed by not
less than 5% of the current total of qualified voters of such township,
computed as above provided, for each candidate, and in no case to be
signed by less fewer than 10 such voters of such township for each
candidate.
(f) The signatures to such nomination petitions need not all be
appended to one paper, but each registered voter signing an independent
certificate of nomination shall add to the signature such petitioner's place
of residence and post office address. All signers of each separate
nomination petition shall reside in the same county and election district of
the office sought. The affidavit of the candidate or a petition circulator
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shall be appended to each petition and shall contain, at the end of each set
of documents carried by each circulator or candidate, a verification, signed
by the circulator or candidate, to the effect that such circulator or candidate
personally witnessed the signing of the petition by each person whose
name appears thereon.
(g) No such nomination petition shall contain the name of a candidate
for governor without in the same such petition containing the name of a
candidate for lieutenant governor, and if it does it otherwise such
nomination petition shall be void.
(h) No person shall join in nominating more than one person for the
same office, and if this is done, otherwise the name of such petitioner shall
not be counted on any certificate.
(i) Within 20 days after receipt of an independent nominating
petition, but not later than the date of the meeting of the state board of
canvassers in accordance with K.S.A. 25-3205, and amendments thereto,
the secretary of state shall determine the validity of such independent
nominating petition. If any independent nomination petitions are found to
be invalid, the secretary of state shall notify the candidate on whose behalf
the independent nomination petitions were filed that such nomination
petitions have been found to be invalid and the reason for such finding of
invalidity. Such candidate may make objection to the finding of invalidity
by the secretary of state in accordance with K.S.A. 25-308, and
amendments thereto.
Sec. 16. K.S.A. 25-610 is hereby amended to read as follows: 25-610.
(a) The secretary of state shall furnish to each county election officer
forms for ballots in their respective counties. The secretary of state shall
prepare a rotation of the different candidates appearing on the official
general ballot for the national and state offices for each such office. Such
rotation shall be developed and arranged so that each candidate shall have
an equal opportunity as near as practicable for the respective offices to
which they are nominated. In case there is more than one candidate for any
national or state office, the secretary of state shall divide the state , or part
thereof, into as many divisions as there are names to go on the ballot for
each particular office. In making such division , the secretary of state shall
divide, in regular order, the alphabetical list of counties into the required
number of divisions, in such a manner that all divisions are as nearly equal
as convenient in the number of registered voters in such division as
compiled by the office of the secretary of state. The secretary of state, in
certifying the list of names of candidates to the county election officers,
shall assign, in regular order from the alphabetical list of candidates for
each office, the ballot position for each candidate in such a manner that
every candidate for any office shall occupy a different ballot position in
each division. When, in the case of candidates for national or state offices
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elected on less than a statewide basis, the secretary of state finds it
impossible to make a division which that allows each such candidate in
any given district an equitable or fair opportunity to have such candidate's
name first on the ballot in the respective counties of the district, the
secretary of state shall order the county election officers in the various
counties of the district to rotate the names of the candidates for such
district offices according to precinct to obtain an equitable division. The
names of candidates for the same office but for different terms of service
therein shall be arranged in groups according to the length of their such
candidate's respective terms.
In the case of the governor and lieutenant governor running together,
when the word "candidate" is used in this section, it shall mean such word
means pair of candidates.
(b) The secretary of state shall establish the general election ballot
styles for general elections in odd-numbered even-numbered year elections
for municipalities by rules and regulations adopted on or before July 1,
2016 2027.
Sec. 17. K.S.A. 25-611 is hereby amended to read as follows: 25-611.
(a) The arrangement of offices on the official general ballot for national
and state offices for those offices to be elected shall be in the following
order: Names of candidates for the offices of president and vice-president
vice president, United States senator, United States representative
____________ district, governor and lieutenant governor running together,
secretary of state, attorney general, (and any other officers elected from the
state as a whole), state senator ______ district, state representative _____
district, district judge ________ district, district magistrate judge ____
district, district attorney ________ judicial district, and state board of
education member __________ district.
(b) The arrangement of offices on the official general ballot for
county township offices for those offices to be elected shall be in the
following order: Names of candidates for county commissioner ______
district, county clerk, county treasurer, register of deeds, county attorney,
sheriff, township trustee, township treasurer and township clerk.
(c) The secretary of state by rules and regulations adopted on or
before July 1, 2016 2027 , shall develop the order of arrangement of
municipal offices on the general election ballot in odd-numbered even-
numbered year elections.
Sec. 18. K.S.A. 25-613 is hereby amended to read as follows: 25-613.
(a) Except as otherwise provided in this section, the name of each
candidate shall be printed on the ballot only once and no name that is
printed on the ballot shall be written elsewhere on the ballot. If a person is
a candidate for the unexpired term for an office such person's name may be
printed on the same ballot as a candidate of the same political party for the
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next regular term for such office. Also, a person may be an independent
candidate for the unexpired term for an office and an independent
candidate for the next regular term for such office, and the person's name
may be printed for both candidacies on the same official general ballot. To
the name of each candidate for a state office shall be added the name of the
city in which the candidate resides. To the names of pairs of candidates
running for governor and lieutenant governor shall be added the name of
the city in which or near which each resides. To the name of each
candidate for any national, state, county or township offices shall be added
the person's political party or political designation in accordance with the
nomination papers of the person.
(b) A person's name may be printed on the general election ballot
more than once if the person is a candidate for a municipality office unless
otherwise prohibited by law.
Sec. 19. K.S.A. 2025 Supp. 25-1115 is hereby amended to read as
follows: 25-1115. (a) "General election" means the elections held on the
Tuesday following the first Monday in November of both even-numbered
and odd-numbered years, and in the case of an election of any officers to
fill vacancies held on a date other than the Tuesday following the first
Monday in November, the election at which any such officer is finally
elected.
(b) "Primary election" means the elections held on the first Tuesday
in August of both even-numbered and odd-numbered years and any other
preliminary election held on a date other than the first Tuesday in August
at which part of the candidates for election to any national, state, county,
city, school or other municipal office are eliminated by the process of the
election but at which no officer is finally elected.
(c) "Special election" means any election held on the first Tuesday
after the first Monday in March of any year or on the same day as a
general or primary election.
Sec. 20. K.S.A. 2025 Supp. 25-2006 is hereby amended to read as
follows: 25-2006. As used in article 20 of chapter 25 of the Kansas
Statutes Annotated, and amendments thereto:
(a) "General election" means the election held for school officers on
the Tuesday following the first Monday in November of odd-numbered
even-numbered years, and in the case of special elections of any school
officers to fill vacancies, the election at which any such officer is finally
elected.
(b) "Primary election" means the election held on the first Tuesday in
August of each odd-numbered even-numbered year, and any other
preliminary election at which part of the candidates for special election to
any school office are eliminated by the process of the election but at which
no officer is finally elected.
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(c) "Special election" means any election held on the first Tuesday
after the first Monday in March of any year or on the same day as a
general or primary election.
Sec. 21. K.S.A. 25-2010 is hereby amended to read as follows: 25-
2010. Election of board members and question submitted elections shall be
conducted by the county election officer of the home county of the school
district. Board member general elections shall be held on the Tuesday
following the first Monday in November of odd-numbered even-numbered
years. A primary election shall be held on the first Tuesday in August of
odd-numbered even-numbered years.
Sec. 22. K.S.A. 25-2017a is hereby amended to read as follows: 25-
2017a. The clerk of the board of education of every school district shall
certify to the county election officer of the home county of the school
district a list of all school offices to be voted upon at each school election,
any boundary changes of member districts since the last preceding election
and the voting plan to be used as defined in K.S.A. 25-2005, and
amendments thereto, not later than May 1 of each odd-numbered even-
numbered year. A copy of the above information shall be furnished to the
county election officer of every county in which a part of the territory of
the school district is located.
Sec. 23. K.S.A. 2025 Supp. 25-2018 is hereby amended to read as
follows: 25-2018. (a) Notices of board member elections and question
submitted elections of a school district shall be made as provided in this
section.
(b) On or before June 10 of odd-numbered even-numbered years, the
county election officer shall publish a notice of election one time in a
newspaper having general circulation in the school district. Notice of the
election shall also be published on the website of the county election office
of any county where the election is to be conducted. Such notice shall
remain on the website until the day after the election. The notice for board
member elections shall state: (1) The name of the school district; (2) the
date of the general election; (3) the date of the primary election if one is
held; (4) the filing deadline and the place of filing; and (5) the offices or
positions to be filled.
(c) All notices provided for by this section shall be given in the form
prescribed by the secretary of state to the extent that any notice or part
thereof is prescribed by the secretary of state. The provisions of this
section shall not be construed to require the secretary of state to prescribe
any particular form.
(d) On or before June 10 of each odd-numbered even-numbered year,
a notice of primary elections shall be published by the county election
officer one time in a newspaper having general circulation in the school
district, if a primary election is required to be held. Notice of the election
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shall also be published on the website of the county election office of any
county where the election is to be conducted. Such notice shall remain on
the website until the day after the election. The notice shall state: (1) The
name of the school district; (2) the date of the primary election; (3) the
names of the candidates and the office or position for which each is a
candidate; (4) the voting place or places and the area each voting place is
to serve; and (5) the times of opening and closing of the polls. Description
of areas shall be in the terms determined by the county election officer.
(e) On or before September 1 of each odd-numbered even-numbered
year, a notice of the general election shall be published by the county
election officer one time in a newspaper having general circulation in the
school district. Notice of the election shall also be published on the
website of the county election office of any county where the election is to
be conducted. Such notice shall be published not less than 21 days prior to
the election and shall remain on the website until the day after the election.
The notice shall state: (1) The name of the school district; (2) the date of
the general election; (3) the names of the candidates and the office or
position for which each is a candidate; (4) the voting place or places and
the area each voting place is to serve; and (5) the time of opening and
closing of polls. Description of areas shall be in such terms as may be
determined by the county election officer.
(f) Notice of any question submitted election of any school district
shall be made in the manner provided by K.S.A. 10-120, and amendments
thereto. The notice shall state: (1) the name of the school district; (2) the
date of the election; (3) the amount of bonds to be issued, if a bond
election; (4) the proposition to be voted upon; (5) the hours of opening and
closing of the polls; (6) the voting place or places and the area each voting
place is to serve; and (7) any other information specifically required by
law. Description of areas shall be in the terms determined by the county
election officer.
Sec. 24. K.S.A. 25-2102 is hereby amended to read as follows: 25-
2102. (a) "General election" means the elections held on the Tuesday
succeeding the first Monday in November of both odd-numbered and
even-numbered years, and in the case of special elections of any officers to
fill vacancies, the election at which any such officer is finally elected.
(b) "Primary election" means the elections held on the first Tuesday
in August of both odd-numbered and even-numbered years.
(c) "District method" means the election of city officers where the
city is divided into member districts or wards.
(d) "Election at large method" means the election of city officers
without member districts or wards.
Sec. 25. K.S.A. 25-2107 is hereby amended to read as follows: 25-
2107. (a) The general election of city officers shall be held on the Tuesday
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following the first Monday in November of each odd-numbered and even-
numbered years year, if needed.
(b) A primary may be held on the first Tuesday in August of each
odd-numbered and even-numbered year, if needed, as prescribed in K.S.A.
25-205 and 25-2108a, and amendments thereto.
Sec. 26. K.S.A. 25-2108a is hereby amended to read as follows: 25-
2108a. (a) There shall be a primary election of city officers on the first
Tuesday in August of each odd-numbered and even-numbered year, if
needed.
(b) In cities in which a district method of election is in effect, if there
are more than three qualified candidates for any member district, the
county election officer shall call, and there shall be held, a primary
election in each such member district. The names of the two candidates
receiving the greatest number of votes for any such member district at the
primary election shall appear on the ballots in the general election. If there
are three or fewer qualified candidates for any member district , there shall
not be a primary election and the names of the candidates shall be placed
on the ballots in the general election.
(c) In cities in which the election at large method of election is in
effect, if there are more than three times the number of candidates as there
are members to be elected, the county election officer shall call, and there
shall be held, a primary election. The names of twice the number of
candidates as there are members to be elected who received the greatest
number of votes at the primary election shall appear on the ballots in the
general election. If there are not more than three times the number of
candidates as there are members to be elected , there shall not be a primary
election and the names of the candidates shall be placed on the ballots in
the general election.
(d) On the ballots in general city elections, blank lines for the names
of write-in candidates shall be printed at the end of the list of candidates
for each different office. The number of blank lines for each elected office
shall be equal to the number of candidates to be elected thereto. The
purpose of such blank lines shall be to permit the voter to insert the name
of any person not printed on the ballot for whom such voter desires to vote
for such office. No lines for write-in candidates shall appear on primary
city election ballots.
Sec. 27. K.S.A. 25-21a03 is hereby amended to read as follows: 25-
21a03. (a) The secretary of state shall develop the style and form of the
official primary ballot and the official general election ballot for municipal
offices.
(b) The declaration of intent to become a candidate shall be
prescribed by the secretary of state. The declarations for any municipality
shall be filed with the county election officer not later than 12 noon 12:00
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p.m., June 1, prior to the primary election in both even-numbered and odd-
numbered years, or if such date falls on a Saturday, Sunday or holiday,
then before 12 noon 12:00 p.m. of the next day that is not a Saturday,
Sunday or holiday.
(c) The secretary of state shall establish primary election procedures
for primary elections for municipalities.
(d) The secretary of state shall establish general election procedures
for general elections for municipalities.
(e) County election officers shall conduct municipal elections in odd-
numbered years and elections in even-numbered years if needed.
(f) The secretary of state shall adopt rules and regulations to
implement this section on or before July 1, 2016 2027.
Sec. 28. K.S.A. 2025 Supp. 25-2311 is hereby amended to read as
follows: 25-2311. (a) County election officers shall provide for the
registration of voters at one or more places on all days except the
following:
(1) Days when the main offices of the county government are closed
for business, except as is otherwise provided by any county election officer
under the provisions of K.S.A. 25-2312, and amendments thereto;
(2) days when the main offices of the city government are closed for
business, in the case of deputy county election officers who are city clerks
except as is otherwise provided by any county election officer under the
provisions of K.S.A. 25-2312, and amendments thereto;
(3) the 20 days preceding the day of primary and general elections;
(4) the 30 days preceding the day of any presidential preference
primary election held pursuant to K.S.A. 25-4501a, and amendments
thereto;
(5) the 20 days preceding the day of any election other than one
specified in this subsection; and
(6) the day of any primary or general election or any question
submitted election.
(b) For the purposes of this section , in counting days that registration
books are to be closed, all of the days including Sunday and legal holidays
shall be counted.
(c) The secretary of state shall notify every county election officer of
the dates when registration shall be closed preceding primary and general
elections. The days so specified by the secretary of state shall be
conclusive. Such notice shall be given by the secretary of state by mail at
least 60 days preceding every primary and general election.
(d) On the last days before closing of registration books as directed
by the secretary of state under subsection (c), county election officers shall
provide for registration of voters during regular business hours, during the
noon hours and at other than regular business hours upon such days as the
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county election officers deem necessary. The last three business days
before closing of registration books prior to primary and general elections,
county election officers may provide for registration of voters until 9 9:00
p.m. in any city.
(e) (1) Except as provided in paragraph (2), county election officers
shall accept and process applications received by voter registration
agencies and the division of motor vehicles not later than the 21 st day
preceding the date of any election or mailed voter registration applications
that are postmarked not later than the 21 st day preceding the date of any
election except, if the postmark is illegible or missing, mailed voter
registration applications received in the mail not later than the ninth day
preceding the day of any election.
(2) For any presidential preference primary election held pursuant to
K.S.A. 25-4501a, and amendments thereto, county election officers shall
accept and process applications received by voter registration agencies and
the division of motor vehicles not later than the 31 st day preceding the date
of such election or mailed voter registration applications that are
postmarked not later than the 31 st day preceding such election except, if
the postmark is illegible or missing, mailed voter registration applications
received in the mail not later than the 19 th day preceding the day of such
election.
(f) The secretary of state may adopt rules and regulations interpreting
the provisions of this section and specifying the days when registration
shall be open, days when registration shall be closed , and days when it is
optional with the county election officer for registration to be open or
closed.
(g) Before each primary and general election held in even-numbered
and odd-numbered years , and at times and in a form prescribed by the
secretary of state, each county election officer shall certify to the secretary
of state the number of registered voters in each precinct of the county as
shown by the registration books in the office of such county election
officer.
Sec. 29. K.S.A. 2025 Supp. 25-2502 is hereby amended to read as
follows: 25-2502. (a) "General election" means the elections held on the
Tuesday following the first Monday in November of both even-numbered
and odd-numbered years, and in the case of an election of any officers to
fill vacancies held on a date other than the Tuesday following the first
Monday in November, the election at which any such officer is finally
elected.
(b) "Primary election" means the elections held on the first Tuesday
in August of both even-numbered and odd-numbered years and any other
preliminary election held on a date other than the first Tuesday in August
at which part of the candidates for election to any national, state, county,
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township, city, school or other municipal office are eliminated by the
process of the election but at which no officer is finally elected.
(c) "Special election" means any election held on the first Tuesday
after the first Monday in March of any year or on the same day as a
general or primary election.
Sec. 30. K.S.A. 2025 Supp. 25-3009 is hereby amended to read as
follows: 25-3009. (a) After an election and prior to the meeting of the
county board of canvassers to certify the official election results for any
election in which the canvassers certify the results, the county election
officer shall conduct a manual audit or tally of each vote cast, regardless of
the method of voting, in 1% of all precincts, with a minimum of one
precinct located within the county. The precinct or precincts shall be
randomly selected, and the selection shall take place after the election.
(b) (1) The audit shall be performed manually and shall review all
paper ballots selected pursuant to subsection (a). The audit shall be
performed by a sworn election board consisting of bipartisan trained board
members. The county election officer shall determine the members of the
sworn election board who will conduct the audit.
(2) The audit shall review contested races as follows:
(A) In presidential election years:
(i) One federal race;
(ii) one state legislative race;
(iii) one county race; and
(iv) one constitutional amendment question, if any; and
(v) two municipal races randomly selected after the election.
(B) In other even-numbered, non-presidential election years:
(i) One federal race;
(ii) one statewide race;
(iii) one state legislative race;
(iv) one county race; and
(v) one constitutional amendment question, if any; and
(iv) two municipal races randomly selected after the election.
(C) In even-numbered election years, any federal, statewide or state
legislative race that is within 1% of the total number of votes cast tallied
on election night, as determined by the secretary of state, shall be audited.
The county election officer shall conduct the audit in the manner set forth
in subsection (a) in 10% of all county precincts in the specified race , with
a minimum of one precinct in the county. The precincts audited pursuant to
this subsection shall be in addition to the precincts audited under
subparagraphs (2)(A) and (B).
(D) In odd-numbered election years, two local races will be randomly
selected, and the selection shall take place after the election.
(E) Any presidential preference primary election held pursuant to
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K.S.A. 25-4501a, and amendments thereto.
(c) At least five days prior to the audit, notice of the time and location
of the audit shall be provided to the public on the official county website.
The audit shall be conducted in a public setting. Any candidate or entity
who is authorized to appoint a poll agent may appoint a poll agent for the
audit.
(d) The results of the audit shall be compared to the unofficial
election night returns, and a report shall be submitted to the county
election office and to the secretary of state's office prior to the meeting of
the county board of canvassers. If a discrepancy is reported between the
audit and the unofficial returns and cannot be resolved, the county election
officer or the secretary of state may require audits of additional precincts.
Once the audit has been completed, the results of the audit shall be used by
the county board of canvassers when certifying the official election results.
(e) Upon publication of the notice of the audit pursuant to subsection
(c), the signed and certified official abstracts required by K.S.A. 25-3006,
and amendments thereto, shall be made available by the county election
office for review by any authorized poll agent. Such abstracts shall be
from all precincts and shall not be limited to those precincts that are
subject to the audit. The abstracts shall be available for review until
commencement of the original canvass.
(f) The secretary of state shall adopt rules and regulations governing
the conduct and procedure of the audit, including the random selection of
the precincts and offices involved in the audit.
Sec. 31. K.S.A. 42-706 is hereby amended to read as follows: 42-706.
(a) The officers of such district shall be a board of directors consisting of
three members who shall be persons entitled to vote as provided in
subsection (g) and residents of a county in which the district or a portion
thereof is located, or county adjoining a county in which such irrigation
district or a portion thereof is located. Such members shall hold office for a
period of two or four years, such term of office being established by the
board of directors by passage of a resolution, and each shall serve until a
successor has been elected and qualified. The members of the board of
directors first elected after the creation of an irrigation district shall hold
their respective offices until the next regular election for the election of
directors as provided in subsection (e) or (f) of this section except that the
terms of the three directors shall be as provided in subsection (e) of this
section.
(b) The chief engineer of the division of water resources, after the
incorporation of such irrigation district, shall establish and designate the
polling place or places therein where the first election will be conducted
and fix the time for such election within 60 days after the date of
incorporation. In any irrigation district of more than 35,000 acres, the chief
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engineer of the division of water resources shall, prior to designating
polling places, establish three voting areas within such district as equal as
possible in acreage and shall designate the same as the first, second or
third voting area. Such polling place or places may thereafter be changed
by the board of directors, and the board may arrange for polling places
outside the corporate boundaries of the district if such places are more
convenient than locations within the district. Prior to the holding of the
first election in newly created districts, the chief engineer of the division of
water resources shall appoint from the qualified electors of the district
three persons for such election for each voting place who shall constitute
boards of election for such district for such election. If the members
appointed do not attend at the opening of the polls on the day of election,
at the opening hour, the electors present at that hour shall elect from the
electors present members of the election board necessary to fill the place
of any absent member.
(c) The board of directors of every district of more than 35,000 acres
which that was incorporated prior to the effective date of this act shall
establish three voting areas within the district as equal as possible in
acreage and designate the same as the first, second or third voting area.
The board shall also establish and designate the polling place or places
within each voting area. At the first election held after the effective date of
this act, a director shall be elected for the term length established by the
board.
(d) (1) Except as provided in paragraph (2), all elections shall be
conducted in accordance with the general election laws of the state except
as otherwise provided in this act. Advance voting as provided in article 11
of chapter 25 of the Kansas Statutes Annotated, and amendments thereto,
shall be provided for by the county election officers and boards of
directors for those persons entitled to vote under subsection (g). The forms
for the ballot envelope declaration as provided in K.S.A. 25-1120, and
amendments thereto, and the applications for advance ballots as provided
in K.S.A. 25-1122d, and amendments thereto, shall be modified to
establish that such person is a qualified owner of irrigable land within the
district. After polls are closed the election boards shall proceed to canvass
the votes cast thereat, shall certify to the county election officer of the
county in which all or the greater part of the population of the irrigation
district is located and the chief engineer the result of such election. The
clerks shall then securely wrap the ballots cast at such elections and shall
express or mail the same by registered mail to the county election officer
of the county in which all or the greater part of the population of the
irrigation district is located. The county election officer shall canvass the
ballots, verify the results and declare the person receiving the highest
number of votes duly elected as director except that at the first election
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after creation of a district the county election officer of the county in
which all or the greater part of the population of the irrigation district is
located shall declare the three persons receiving the highest number of
votes duly elected as directors except that in districts divided into three
voting areas, the person receiving the highest number of votes in each
voting area shall be duly elected as director. Such county election officer
shall immediately mail, to each person elected to the office of director a
certificate of election signed by such officer. The directors shall thereupon
qualify and enter upon the duties of their office. Directors shall qualify by
taking and subscribing to an oath of office of substantially the same tenor
as oath of office prescribed for county officials. Each member of the board
of directors shall execute an official bond in the sum of $1,000 which .
Such oath and bond shall be filed with the county election officer of the
county in which all or the greater part of the population of the irrigation
district is located. The treasurer of each irrigation district shall execute to
the district a corporate surety bond in an amount at least equal to 125% of
the amount, as near as can be ascertained, that shall be in such person's
hands as treasurer at any one time. The amount and sufficiency of the bond
of the treasurer shall be determined by the county election officer. Upon
approval of the bond, the county election officer shall endorse such
approval thereon and file the same in the office of the county election
officer and shall immediately notify the county treasurer of the county in
which the registered office of the irrigation district is located of such
approval and filing. In the event of the breach of any condition of the
treasurer's bond, the president and secretary of the board shall cause a suit
to be commenced thereon in the name of the irrigation district. It shall not
be necessary to include the treasurer as a party to the action and the money
collected shall be applied to the use of the district, as the same should have
been applied by the treasurer. Should the president and secretary neglect or
refuse to prosecute such a suit, then any person entitled to vote as provided
in subsection (g) may cause such suit to be instituted. Premiums on surety
bonds for such directors and treasurers of irrigation districts shall be paid
by the district out of its general funds. In case the office of any director
shall become vacant the remaining members of the board shall fill the
vacancy by appointment. A director appointed to fill a vacancy shall serve
the unexpired term of the director whose term such person was appointed
to fill.
(2) For any election except the election required in subsection (b), the
board of directors may adopt a procedure providing for the election of
members by mail ballot. Such procedure shall require the board to mail
ballots to all persons entitled to vote, to receive and tabulate the ballots, to
canvass the election and to certify the results to the county election officer.
The irrigation district shall be responsible for the direct expenses of
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conducting the election. The ballot envelope used for mailing ballots shall
contain a declaration establishing that the person who signs the declaration
is a qualified owner of irrigable land within the district.
(e) All regular elections of directors of irrigation districts shall be
held the Tuesday following the first Monday in November in odd-
numbered even-numbered years. Any districts organized after the regular
election shall hold its election at the next regular election following
incorporation of the district and, at this election three directors shall be
elected and the person receiving the highest number of votes shall serve
for a term of four years, the persons receiving the second and third highest
number of votes shall serve for a term of two years. In case the first
election after creation of a district is held between June 1 of any year and
the day preceding the Tuesday following the first Monday in November of
the next succeeding odd-numbered even-numbered year, the next regular
election shall be held in the second succeeding odd-numbered even-
numbered year. At each subsequent regular election, only one director shall
be elected each year for a term of four years. Any person desiring to be a
candidate for election to the board of directors shall file a candidate's
declaration of intention with the county election officer of the county in
which all or the greater part of the population of the district is located.
Such candidate's filing shall utilize the procedures provided in K.S.A. 25-
205 and 25-21a03, and amendments thereto, and K.S.A. 25-205, and
amendments thereto. The county election officer shall prepare the ballot,
and place the names thereon in alphabetical order and shall supply election
officials with necessary ballots and polling books at the irrigation district's
expense. At least five days before any election, the county clerks of the
various counties within which a portion of the district is located, shall
cause to be ascertained the names of all persons entitled to vote as
provided in subsection (g) and shall furnish lists thereof to each election
board within such county and to the secretary of the board of directors of
the district. Notice of the time and places of holding of the general
election, shall be published by the county election officer in a newspaper
of general circulation in the district in accordance with K.S.A. 25-105, and
amendments thereto. The results of all special or bond elections shall be
made available to the secretary of the district. All expenses of election, not
otherwise provided for herein, shall be paid for out of the general funds of
the irrigation district. Election officials shall receive the same
compensation as provided under general election laws.
(f) In lieu of the election procedures provided in this section
pertaining to regular elections of directors in accordance with the general
election laws of the state, the board of directors of any irrigation district of
less than 35,000 acres in size may call an annual meeting of all persons
entitled to vote as provided in subsection (g) for the purpose of electing
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directors. Such annual meeting shall be held on the first Tuesday in March.
Notice of the time and place of holding said annual meeting shall be given
in some newspaper or newspapers of general circulation in the district for
one issue at least 30 days prior to date of such meeting. Elections at the
annual meeting shall be by ballot, with absentee voting as provided under
subsection (d) of this section . All persons desiring to be voted upon as
director shall at least 30 days before the day of holding the annual meeting
file such person's name with the secretary of the board of directors of the
district, affixed to a statement that such person desires such person's name
to be placed on the ballot as a candidate for member of board of directors
of the district. The board of directors shall appoint three owners of
irrigable land in the district to serve as an election board at the annual
meeting. After the votes are cast at the annual meeting the election board
shall proceed to canvass the votes and shall certify to the county election
officer of the county in which all or the greater part of the population of
the irrigation district is located and the chief engineer the result of such
election. All provisions of this section not inconsistent with the provisions
of this subsection (f) shall apply to the election of directors at the annual
meeting.
(g) Until such time as assessments are made in the district pursuant to
K.S.A. 42-715, and amendments thereto, those persons entitled to vote
shall be "qualified owners of land" within the irrigation district, as such
term is defined in K.S.A. 42-701, and amendments thereto, and who are
otherwise qualified electors.
After lands have been assessed in the district pursuant to K.S.A. 42-
715, and amendments thereto, those persons entitled to vote shall be
"qualified owners of land" within the irrigation district as such term is
defined in K.S.A. 42-701, and amendments thereto, which that has been
assessed pursuant to K.S.A. 42-715, and amendments thereto, and who are
otherwise qualified electors. For voting purposes, any person entitled to
vote under this subsection who owns land in more than one voting area
shall vote in the voting area which that includes the greatest portion of
such person's land. As used in this section, the term "qualified electors"
shall include includes a person who is the legal qualified owner of
irrigable land or a person, who is authorized, in writing, to vote for a trust,
corporation, association or partnership which that is the legal qualified
owner of irrigable land. Such person is not required to be a resident of the
district. Such trust, corporation, association or partnership shall be allowed
only one vote. The person authorized by such entity to vote shall be
someone who is not otherwise entitled to a vote under this section.
Sec. 32. K.S.A. 71-1408 is hereby amended to read as follows: 71-
1408. Change of method of election in any community college district may
be made in the manner provided in this act at any time during the period
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beginning on the first Wednesday in November of each odd-numbered
even-numbered year and ending on the first Tuesday in June of each even-
numbered odd-numbered year, if such change is also approved in a manner
authorized in this act before the end of such period. The new method of
election in such district shall be followed in the election of trustees next
following such change and shall continue in force until again changed in
the manner provided in this act. Change of method of election shall not
shorten the term of any trustee serving on the board at the time that the
change is made.
Sec. 33. K.S.A. 71-1413 is hereby amended to read as follows: 71-
1413. (a) Elections of trustees of community colleges shall be conducted
by the county election officer of the county in which the main campus of
the college is located. In any college district having territory in more than
one county, the county election officers of all such counties shall cooperate
with the county election officer of the county in which the main campus is
located, and upon establishing any new community college or adding
territory to any of the community college districts, the state board , in
accordance with this section, shall specify the county in which the main
campus shall be located for the purpose of this section. General
community college elections shall be held on the Tuesday following the
first Monday in November of each odd-numbered even-numbered year.
(b) Any primary community college election shall be held on the first
Tuesday of August of each odd-numbered even-numbered year in
accordance with K.S.A. 25-205, and amendments thereto.
(c) Notice of the time and place of holding each primary and general
election shall be published by the county election officer in a newspaper
published in the county in accordance with K.S.A. 25-105 and 25-209, and
amendments thereto.
Sec. 34. K.S.A. 71-1422 is hereby amended to read as follows: 71-
1422. (a) As used in this section:
(1) "Cowley county community college district" means the taxing
district of Cowley county community college.
(2) "Sumner county election officer" means the county clerk of
Sumner county.
(3) "Additional member" means the additional trustee position on the
board of trustees of Cowley county community college elected by the
qualified electors residing in Sumner county.
(b) Subject to the provisions of subsection (e):
(1) The board of trustees of Cowley county community college shall
be composed of board members from Cowley county community college
elected pursuant to K.S.A. 71-1401 et seq., and amendments thereto, and
an additional member elected by the qualified electors of Sumner county.
The board of trustees of Cowley county community college shall adopt
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and implement an additional member plan as provided in this section. The
board's additional member plan shall include a determination as to whether
the board has adopted a six or seven member plan for member elections in
the Cowley county community college district. The provisions of K.S.A.
71-1401 et seq., and amendments thereto, shall apply to the member
elections in the Cowley county community college district.
(2) The general election for the additional member shall be conducted
as an at large election in Sumner county and held on the Tuesday
following the first Monday in November of each odd-numbered even-
numbered year.
(3) Any primary election for the additional member shall be
conducted as an at large election in Sumner county and held on the first
Tuesday of August of each odd-numbered even-numbered year in
accordance with K.S.A. 25-205, and amendments thereto.
(4) Notice of the time and place of holding each primary and general
election shall be published by the Sumner county election officer in
accordance with K.S.A. 25-105 and 25-209, and amendments thereto.
(5) If there are more than three candidates for the additional member,
the Sumner county election officer shall call and hold a primary election.
The names of the two candidates who receive the greatest number of votes
at the primary election shall appear on the ballots in the general election. If
there are three or fewer candidates, there shall not be a primary election
and the names of the candidates shall be placed on the ballots in the
general election.
(6) If an additional member is to be elected to fill an unexpired term,
the Sumner county election officer shall call and hold a primary election if
there are more than three candidates for such unexpired term. The names
of two candidates for such unexpired term receiving the greatest number of
votes shall appear on the ballots in the general election. If there are three
or fewer candidates for the unexpired term of the additional member, there
shall not be a primary election and the names of the candidates shall be
placed on the ballots in the general election.
(7) In general elections for the additional member, one blank line for
the names of write-in candidates shall be printed on the ballots at the end
of the list of candidates. The purpose of such blank line shall be to permit
the voter to insert the name of any person not printed on the ballot for
whom such voter desires to vote for such position. No lines for write-in
candidates shall appear on primary election ballots for the additional
member.
(8) All qualified electors who reside in Sumner county may vote in
both the primary and general elections for the additional member.
(9) The provisions of K.S.A. 71-1419, and amendments thereto, shall
apply to elections for the additional member.
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(c) (1) A person may become a candidate for election to the additional
member trustee of the Cowley county community college board of trustees
by either one of the following methods:
(A) Any person who is an elector of Sumner county may petition to
be a candidate for the additional member trustee by filing with the Sumner
county election officer a petition for such person's candidacy signed by not
less fewer than 50 electors residing in Sumner county; or
(B) any person who is an elector of Sumner county may become a
candidate for the additional member trustee by filing with the Sumner
county election officer a declaration of intent to be such a candidate and
payment of a filing fee in the amount of $20.
(2) Every petition or declaration of intent filed under this subsection
shall be filed on or before 12 12:00 p.m. on June 1 of each odd-numbered
even-numbered year as provided in K.S.A. 25-205 and 25-21a03, and
amendments thereto, and K.S.A. 25-205, and amendments thereto.
(d) The first additional member shall be elected for a two-year term
commencing on the second Monday in January, 2018, following the
election. All subsequent additional members shall be elected for a four-
year term commencing on the second Monday in January following the
election.
(e) The Cowley county community college board of trustees shall be
composed of those members elected pursuant to K.S.A. 71-1401 et seq.,
and amendments thereto, and the additional member, for so long as
Sumner county provides financial support for the benefit of Cowley
county community college in the form of a countywide retailers' sales tax
or an ad valorem property tax levied on all taxable tangible property
located in Sumner county. If Sumner county terminates such financial
support or if the financial support lapses:
(1) The Cowley county community college board of trustees shall
discontinue implementation of the additional member plan at the
expiration of the additional member's term or upon the vacancy of the
additional member position;
(2) the Cowley county community college board of trustees shall
send notice of discontinued financial support to the Sumner county
election officer;
(3) upon receipt of such notice, the Sumner county election officer
shall not conduct or authorize any general or primary election to fill the
expiring term of the additional member or to fill any vacancy of the
additional member position; and
(4) the additional member may continue to serve as the additional
member on the Cowley county board of trustees until the expiration of
such member's term of office or until a vacancy occurs in the additional
member position.
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(f) Elections for the board of trustee members from the Cowley
county community college district shall continue to be conducted pursuant
to K.S.A. 71-1401 et seq., and amendments thereto.
Sec. 35. K.S.A. 80-2508 is hereby amended to read as follows: 80-
2508. (a) Subject to the limitations provided in this act, any of the four
methods described in this section may be used in the selection of members
of boards. The four methods are:
(1) Elections of board members shall be held at the annual meeting of
the qualified electors of the hospital district for the positions on the board
which that are to expire in such year.
(2) Board members shall be appointed by the governing bodies of the
political subdivisions joining in the operation and maintenance of the
hospital.
(3) (A) Elections of board members for four-year terms shall be held
on the Tuesday following the first Monday in November of odd-numbered
even-numbered years for the positions on the board which that are to
expire in such year. All positions shall be at-large. Each board member
shall take office on the second Monday in January following the date of
election.
(B) Any person desiring to become a candidate for board member
shall file with the county election officer of the county in which the
political subdivisions joining in the operation and maintenance of the
hospital, or the greater portion of the area thereof, are located, before the
filing deadline specified in K.S.A. 25-2109, and amendments thereto,
either a petition signed by not less fewer than 50 electors eligible to vote
for a candidate or a declaration of intent to become a candidate , together
with a filing fee in the amount of $20.
(C) The county election officer of the county specified in paragraph
(B) shall prepare the ballots for such election , including ballots for that
portion of the district located in any other county. The county election
officers of each county shall conduct the election in their respective
counties, and the board of county canvassers of each such county shall
certify the results of the votes cast in its each such county to the board of
county canvassers in the county in which the ballots for the election were
prepared.
(D) Ballots shall be prepared in such manner that each voter is
instructed to vote for the same number of candidates as the number of
positions to be filled. Such instruction shall specify that the voter may vote
for fewer than the total number of candidates for which the voter is
qualified to vote.
(4) (A) Elections of board members for three-year two-year or four-
year terms shall be held on the Tuesday succeeding the first Monday in
November of each year for the positions on the board which that are to
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expire in such year. All positions shall be at-large. Each board member
shall take office on the second Monday in January.
(B) Any person desiring to become a candidate for board member
shall file with the county election officer of the county in which the
political subdivisions joining in the operation and maintenance of the
hospital, or the greater portion of the area thereof, are located, before the
filing deadline specified in K.S.A. 25-2109, and amendments thereto,
either a petition signed by not less fewer than 50 electors eligible to vote
for a candidate or a declaration of intent to become a candidate , together
with a filing fee in the amount of $20.
(C) The county election officer of the county specified in paragraph
(B) shall prepare the ballots for such election , including ballots for that
portion of the district located in any other county. The county election
officers of each county shall conduct the election in their respective
counties, and the board of county canvassers of each such county shall
certify the results of the votes cast in its each such county to the board of
county canvassers in the county in which the ballots for the election were
prepared.
(D) Ballots shall be prepared in such manner that each voter is
instructed to vote for the same number of candidates as the number of
positions to be filled. Such instruction shall specify that the voter may vote
for fewer than the total number of candidates for which the voter is
qualified to vote.
(b) If the method of selection of members of the board of any hospital
is the method provided for in subsection (a)(1) or (2), such method of
selection may be changed to the method provided for in subsection (a)(3)
or (4) by majority vote of the qualified electors voting at an annual
meeting thereof. Whenever the method of selection of members of a board
is changed to the method provided for in subsection (a)(3) or (4), the term
of each member serving on the board at the time of the change of method
of selection shall expire on May 1 December 31 of the year in which the
term of such member is to expire, except that for the purpose of electing
members to the board at a time to coincide with elections for other
purposes, the board may extend the term of any member for not to exceed
one year from the date such member's term would otherwise expire and the
board of Sublette hospital district may change prior to the election the
length of term for one member to be elected at the 1997 election from four
years to two years. If the members of the board are currently selected
pursuant to subsection (a)(3), the method of selection may be changed to
the method provided for in subsection (a)(4) by a majority vote of the
board members.
Sec. 36. K.S.A. 2-623, 2-624, 13-1221, 13-1702, 19-2760, 19-3505,
24-412, 24-459, 24-504, 24-506, 25-205, 25-210, 25-610, 25-611, 25-613,
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25-2010, 25-2017a, 25-2102, 25-2107, 25-2108a, 25-21a01, 25-21a03, 42-
706, 71-1408, 71-1413, 71-1422 and 80-2508 and K.S.A. 2025 Supp. 25-
213, 25-303, 25-1115, 25-2006, 25-2018, 25-2311, 25-2502 and 25-3009
are hereby repealed.
Sec. 37. This act shall take effect and be in force from and after
January 1, 2028, and its publication in the Kansas register.
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